Don Fox Planning v Manly [2004] NSWLEC 82

Land and Environment Court of New South Wales

CITATION : Don Fox Planning v Manly [2004] NSWLEC 82 Don Fox Planning Pty Ltd Applicant PARTIES : Manly Council Respondent FILE NUMBER(S) : 11426 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Existing Use Rights :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 10/03/2004 and 11/03/2004 EX TEMPORE 03/11/2004 JUDGMENT DATE :

Mr C Gough, solicitor LEGAL REPRESENTATIVES: Mr R Graham, solicitor

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11426 of 2003 Roseth SC 11 March 2004 Don Fox Planning Pty Ltd Applicant v Manly Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Manly Council (the council) of a development application to demolish the existing building and erect a building containing commercial areas, a carpark for eight cars and eight residential flats on lot 141 DP 192310, known as 18 Raglan Street, Manly.

The site 2 The site is on the corner of Raglan and Whistler Streets. The frontage to Raglan Street is 12m, the boundary to Whistler Street is 30m, and the site's area is 376m2. A single-storey funeral parlour now occupies the entire site. The adjoining building to the west is a three-storey backpackers' hostel, built on the street alignment at Raglan Street, but with the upper storeys set back 6m and 10m from the rear boundary. To the rear the site adjoins partly No 23-31 Whistler Street and partly public land. 3 On the other side of Raglan Street are three-storey commercial buildings in a commercial zone. The site itself is in a residential zone, which is the reason that it has existing use rights.